Chicago Illinois Alimony/Maintenance

In Chicago Illinois, alimony is referred to as “maintenance.” Maintenance is awarded to a spouse when there is a disparity in income or financial needs between the spouses. In Illinois, maintenance is generally rehabilitative, meaning that it is designed to provide a spouse with an income stream while pursuing a new career or necessary education. Despite the stated goal of the statute, maintenance in a long term marriage can run for an extensive period of time. Also, where long term health issues exist, maintenance may be extensive. Maintenance payments are deductible to the spouse sending the payment and income to the spouse receiving the payment.

For the most part, the changes that were made to our alimony law in 1977 remain as our law today. The essence of the 1977 change was to put an affirmative obligation on the "dependant" spouse to reenter the workplace and become financially self-sufficient.

Prior to 1977, alimony was commonly awarded until the death or remarriage of the dependent spouse. After the change in the law, the spouses who qualified for this long term support were generally spouses of a long term marriage, who perhaps were unable to work for health reasons, and who were married to spouses who could afford to meet their reasonable needs. Over the years, the actual term "rehabilitative maintenance" was used less frequently but the courts maintained their efforts to provide reasonable subsidy to the lesser earning spouse.

While the determination of child support is based upon fixed percentages of income, no similar standard exists for alimony/maintenance awards. Maintenance awards are based upon the 12 criteria listed below. These criteria serve as a guide for the court to follow but the facts underlying them are subject to dispute.

I might add that there seems to be a trend developing in our case law which is making it easier for spouses for long term marriages to get maintenance for much longer periods of time even if they are not necessarily in bad health.

The courts make every effort to provide equity and fairness.

Maintenance may be paid from the income or property of the other spouse after the Court considers the following relevant factors:

1. The income and property of each party, including the marital property apportioned and non-marital property assigned to the party seeking maintenance;
2. The needs of each party;
3. The present and future earning capacity of each party;
4. Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having foregone or delayed education, training, employment, or career opportunities due to the marriage;
5. The time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment;
6. The standard of living established during the marriage;
7. The duration of the marriage;
8. The age and the physical and emotional condition of both parties;
9. The tax consequences of the property division upon the respective economic circumstances of the parties;
10. Contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
11. Any valid agreement of the parties; and
12. Any other factor that the court expressly finds to be just and equitable